2nd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to transportation; authorizing advance 1.3 payment when required by federal government for 1.4 transportation project; permitting transfer or 1.5 extinguishment of access rights; regulating snow fence 1.6 easements, highway closures, and signs; providing 1.7 payment for certain culverts; changing distributions 1.8 from the highway user tax distribution fund; providing 1.9 for the costs of town highways and bridges; permitting 1.10 conveyances to public bodies; requiring owners to 1.11 inventory and inspect certain bridges; providing for 1.12 the revision of the state transportation plan; 1.13 changing the scope of certain exemptions relating to 1.14 motor carriers; regulating charges for air 1.15 transportation services; modifying contractor bond 1.16 requirements for certain transportation projects; 1.17 authorizing conveyance of certain tax-forfeited and 1.18 acquired land; making technical changes; removing a 1.19 route from the trunk highway system; directing the 1.20 metropolitan airports commission to convey certain 1.21 land to the state; amending Minnesota Statutes 1996, 1.22 sections 84.63; 117.21; 160.18, subdivision 1; 1.23 160.296, subdivision 1; 160.80, subdivision 1, and by 1.24 adding a subdivision; 161.081, subdivision 1, and by 1.25 adding a subdivision; 161.082, subdivisions 1 and 2a; 1.26 161.115, subdivisions 38 and 87; 161.44, subdivision 1.27 1; 162.081, subdivision 1; 165.03; 169.26, subdivision 1.28 1; 174.03, subdivisions 1a and 2; 174A.06; 221.025; 1.29 221.0314, subdivision 9a; 221.034, subdivisions 1 and 1.30 5; 222.63, subdivision 4; 270.077; 360.024; and 1.31 574.26, subdivision 1a; proposing coding for new law 1.32 in Minnesota Statutes, chapter 16B; repealing 1.33 Minnesota Statutes 1996, section 161.115, subdivision 1.34 57. 1.35 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.36 Section 1. [16B.171] [EXCEPTION FOR FEDERAL TRANSPORTATION 1.37 CONTRACTS.] 1.38 Notwithstanding section 16B.17 or other law to the 1.39 contrary, the commissioner of transportation may, when required 1.40 by a federal agency entering into an intergovernmental contract, 2.1 negotiate contract terms providing for full or partial 2.2 prepayment to the federal agency before work is performed or 2.3 services are provided. 2.4 Sec. 2. Minnesota Statutes 1996, section 84.63, is amended 2.5 to read: 2.6 84.63 [CONVEYANCE OF INTERESTS IN LANDS TO STATE AND 2.7 FEDERAL GOVERNMENTS.] 2.8 Notwithstanding any existing law to the contrary, the 2.9 commissioner of natural resources is hereby authorized on behalf 2.10 of the state to convey to the United States or to the state of 2.11 Minnesota or any of its subdivisions, upon state-owned lands 2.12 under the administration of the commissioner of natural 2.13 resources, permanent or temporary easements for specified 2.14 periods or otherwise for trails, highways, roadsand trails2.15 including limitation of right of access from the lands to 2.16 adjacent highways and roads, flowage for development of fish and 2.17 game resources, stream protection, flood control, and necessary 2.18 appurtenances thereto, such conveyances to be made upon such 2.19 terms and conditions including provision for reversion in the 2.20 event of nonuser as the commissioner of natural resources may 2.21 determine. 2.22 Sec. 3. Minnesota Statutes 1996, section 117.21, is 2.23 amended to read: 2.24 117.21 [EASEMENTTOMAY INCLUDE SNOW FENCES.] 2.25 When the right to establish a public road is acquired by 2.26 the state, or by any of its agencies or political subdivisions, 2.27 thereshallmay be included in the easement so acquired the 2.28 power to erect and maintain temporary snow fences as required 2.29 upon lands adjoining the highway part of which lands have been 2.30 taken for road purposes. If included, the right to erect and 2.31 maintain such fences shall be considered in awarding damages, 2.32 and any award shall be conclusively presumed to include the 2.33 damages, if any, caused by the right to erect and maintain such 2.34 fences; provided, that, if the state, or agency or political2.35subdivision thereof, shall file with its petition, or at any2.36time before the question of damages is submitted to a jury, a3.1written disclaimer of its desire and intention to acquire a3.2right to erect and maintain snow fences as to any particular3.3tract of land involved, then no such right shall be acquired in3.4such proceeding and no consideration given to such fences as an3.5element of damage. 3.6 Sec. 4. Minnesota Statutes 1996, section 160.18, 3.7 subdivision 1, is amended to read: 3.8 Subdivision 1. [CULVERT ON EXISTING HIGHWAYS.] Except when 3.9 the easement of access has been acquired,thea roadauthorities3.10 authority,other than town boards and county boards,as to 3.11highwaysa highway already established and constructedshall3.12furnish one substantial culvert to an abutting owner in cases3.13where the culvert is necessary formay grant by permit a 3.14 suitable approach tosuchthe highway.A town board shall3.15furnish one substantial culvert to an abutting owner in cases3.16where the culvert is necessary for suitable approach to a town3.17road, provided that at any annual town meeting the electors of3.18any town may by resolution authorize the town board to require3.19that all or part of the costs of the furnishing of all culverts3.20on the town roads of such town be paid by the abutting owner. A3.21county board, by resolution, shall, before furnishing any3.22culverts after August 1, 1975, establishThe requesting abutting 3.23 property owner shall pay for the cost and installation of any 3.24 required culverts unless a road authority, other than the 3.25 commissioner, adopts by resolution a policy for the furnishing 3.26 of a culvert to an abutting owner when a culvert is necessary 3.27 for suitable approach to acounty and state-aidroad, and such. 3.28 The policy may include provisions for the payment of all or part 3.29 of the costs of furnishingsuch culvertsthe culvert by the 3.30 abutting landowner. 3.31 Sec. 5. Minnesota Statutes 1996, section 160.296, 3.32 subdivision 1, is amended to read: 3.33 Subdivision 1. [PROCEDURE.] (a) A person who desires a 3.34 specific service sign panel shall request the commissioner of 3.35 transportation to install the sign. The commissioner of 3.36 transportation may grant the request if the applicant qualifies 4.1 for the sign panel and if space is available. All signs shall 4.2 be fabricated, installed, maintained, replaced and removed by 4.3 the commissioner of transportation. The applicant shall pay a 4.4 fee to the commissioner of transportation to cover all costs for 4.5 fabricating, installing, maintaining, replacing and removing. 4.6The requests for specific service sign panels shall be renewed4.7every three years.4.8 (b) If the applicant desires to display a business panel, 4.9 the business panel for each specific service sign panel shall be 4.10 supplied by the applicant. All costs to fabricate business 4.11 panels shall be paid by the applicant. All business panels 4.12 shall be installed and removed by the appropriate road 4.13 authority. The costs for installing and removing business sign 4.14 panels on specific service signs located on nonfreeway trunk 4.15 highways are included in the fee specified in paragraph (a). If 4.16 a business panel is stolen or damaged beyond repair, the 4.17 applicant shall supply a new business panel paid for by the 4.18 applicant. 4.19 Sec. 6. Minnesota Statutes 1996, section 160.80, 4.20 subdivision 1, is amended to read: 4.21 Subdivision 1. [COMMISSIONER MAY ESTABLISH PROGRAM.] (a) 4.22 The commissioner of transportation may establish a sign 4.23 franchise program for the purpose of providing on the 4.24 right-of-way of interstate and controlled-access trunk highways 4.25 specific information on gas, food, camping, and lodging, for the 4.26 benefit of the motoring public. 4.27 (b) The sign franchise program must include urban 4.28 interstate highways.The commissioner may implement policies4.29that apply only to signs on interstate highways in urban areas,4.30such as distance requirements from the interstate for eligible4.31services, priority issues, and mixing of service logos.4.32 Sec. 7. Minnesota Statutes 1996, section 160.80, is 4.33 amended by adding a subdivision to read: 4.34 Subd. 1a. [ELIGIBILITY CRITERIA FOR BUSINESS PANELS.] (a) 4.35 To be eligible for a business panel on a logo sign panel, a 4.36 business establishment must: 5.1 (1) be open for business; 5.2 (2) have a sign on site that both identifies the business 5.3 and is visible to motorists; 5.4 (3) be open to everyone, regardless of race, religion, 5.5 color, age, sex, national origin, creed, marital status, sexual 5.6 orientation, or disability; 5.7 (4) not impose a cover charge or otherwise require 5.8 customers to purchase additional products or services; and 5.9 (5) meet the appropriate criteria in paragraphs (b) to (e). 5.10 (b) Gas businesses must provide vehicle services including 5.11 fuel and oil; restroom facilities and drinking water; 5.12 continuous, staffed operation at least 12 hours a day, seven 5.13 days a week; and public access to a telephone. 5.14 (c) Food businesses must serve at least two meals a day 5.15 during normal mealtimes of breakfast, lunch, and dinner; provide 5.16 a continuous, staffed food service operation at least ten hours 5.17 a day, seven days a week except holidays as defined in section 5.18 645.44, subdivision 5, and except as provided for seasonal food 5.19 service businesses; provide seating capacity for at least 20 5.20 people; serve meals prepared on the premises; and possess any 5.21 required state or local licensing or approval. Reheated, 5.22 prepackaged, ready-to-eat food is not "food prepared on the 5.23 premises." Seasonal food service businesses must provide a 5.24 continuous, staffed food service operation at least ten hours a 5.25 day, seven days a week, during their months of operation. 5.26 (d) Lodging businesses must include sleeping 5.27 accommodations; provide public access to a telephone; and 5.28 possess any required state or local licensing or approval. 5.29 (e) Camping businesses must include sites for camping; 5.30 include parking accommodations for each campsite; provide 5.31 sanitary facilities and drinking water; and possess any required 5.32 state or local licensing or approval. 5.33 (f) Businesses that do not meet the appropriate criteria in 5.34 paragraphs (b) to (e) but that have a signed lease as of January 5.35 1, 1998, may retain the business panel until December 31, 2005, 5.36 or until they withdraw from the program, whichever occurs first, 6.1 provided they continue to meet the criteria in effect in the 6.2 department's contract with the logo sign vendor on August 1, 6.3 1995. After December 31, 2005, or after withdrawing from the 6.4 program, a business must meet the appropriate criteria in 6.5 paragraphs (a) to (e) to qualify for a business panel. 6.6 (g) Seasonal businesses must indicate to motorists when 6.7 they are open for business by either putting the full months of 6.8 operation directly on the business panel or by having a "closed" 6.9 plaque applied to the business panel when the business is closed 6.10 for the season. 6.11 (h) The maximum distance that an eligible business in 6.12 Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington 6.13 county can be located from the interchange is: for gas 6.14 businesses, one mile; for food businesses, two miles; for 6.15 lodging businesses, three miles; and for camping businesses, ten 6.16 miles. 6.17 (i) The maximum distance that an eligible business in any 6.18 other county can be located from the interchange shall not 6.19 exceed 15 miles in either direction. 6.20 (j) Logo sign panels must be erected so that motorists 6.21 approaching an interchange view the panels in the following 6.22 order: camping, lodging, food, gas. 6.23 (k) If there is insufficient space on a logo sign panel to 6.24 display all eligible businesses for a specific type of service, 6.25 the businesses closest to the interchange have priority over 6.26 businesses farther away from the interchange. 6.27 Sec. 8. Minnesota Statutes 1996, section 161.081, 6.28 subdivision 1, is amended to read: 6.29 Subdivision 1. [DISTRIBUTION OF FIVE PERCENT.] Pursuant to 6.30 article 14, section 5, of the constitution, five percent of the 6.31 net highway user tax distribution fund is set aside, and 6.32 apportionedas follows:6.33(1) 28 percent to the trunk highway fund;6.34(2) 64 percenttoa separate account inthe county 6.35 state-aid highway fundto be known as the county turnback6.36account, which account in the state treasury is hereby created;. 7.1(3) 8 percent to a separate account in the municipal7.2state-aid street fund to be known as the municipal turnback7.3account, which account in the state treasury is hereby created.7.4 That apportionment is further distributed as follows: 7.5 (1) 30.5 percent to the town road account created in 7.6 section 162.081; 7.7 (2) 16 percent to the town bridge account, which is created 7.8 in the state treasury; and 7.9 (3) 53.5 percent to the flexible highway account created in 7.10 subdivision 3. 7.11 Sec. 9. Minnesota Statutes 1996, section 161.081, is 7.12 amended by adding a subdivision to read: 7.13 Subd. 3. [FLEXIBLE HIGHWAY ACCOUNT; TURNBACK ACCOUNTS.] (a) 7.14 The flexible highway account is created in the county state-aid 7.15 highway fund in the state treasury. Money in the account may be 7.16 used either for the restoration of former trunk highways that 7.17 have reverted to counties or to statutory or home rule charter 7.18 cities or for regular trunk highway purposes. 7.19 (b) For purposes of this subdivision, "restoration" means 7.20 the level of effort required to improve the route that will be 7.21 turned back to an acceptable condition as determined by 7.22 agreement made between the commissioner and the county or city 7.23 before the route is turned back. 7.24 (c) The commissioner shall review the need for funds to 7.25 restore highways that have been or will be turned back and the 7.26 need for funds for the trunk highway system. The commissioner 7.27 shall determine on a biennial basis, the percentage of this 7.28 flexible account to be used for county turnbacks, for municipal 7.29 turnbacks, and for regular trunk highway projects. The 7.30 commissioner shall make this determination only after meeting 7.31 and holding discussions with committees selected by the 7.32 statewide associations of both county commissioners and 7.33 municipal officials. 7.34 (d) Money that will be used for the restoration of trunk 7.35 highways that have reverted or that will revert to cities must 7.36 be deposited in the municipal turnback account, which is created 8.1 in the state treasury. 8.2 (e) Money that will be used for the restoration of trunk 8.3 highways that have reverted or that will revert to counties must 8.4 be deposited in the county turnback account, which is created in 8.5 the state treasury. 8.6 (f) As part of each biennial budget submission to the 8.7 legislature, the commissioner shall describe how the money in 8.8 the flexible highway account will be apportioned among the 8.9 county turnback account, the municipal turnback account, and the 8.10 trunk highway fund. 8.11 (g) Money apportioned from the flexible highway account to 8.12 the trunk highway fund must be used for state road construction 8.13 and engineering costs. 8.14 Sec. 10. Minnesota Statutes 1996, section 161.082, 8.15 subdivision 1, is amended to read: 8.16 Subdivision 1. [RULES.] Except ashereinafterprovided in 8.17 this section and in section 161.081, all money accruing to the 8.18 county turnback account shall be expended in accordance with 8.19 rules of the commissioner of transportation in paying a county 8.20 for the restoration of former trunk highways, or portions 8.21 thereof, that have reverted to the county in accordance with 8.22 law, and have become a part of the county state-aid highway 8.23 system. 8.24 Sec. 11. Minnesota Statutes 1996, section 161.082, 8.25 subdivision 2a, is amended to read: 8.26 Subd. 2a. [TOWN BRIDGES AND CULVERTS; TOWN ROAD ACCOUNT.] 8.27An amount equal to 25 percent of the county turnback(a) Money 8.28 in the town bridge account must be expended on town road bridge 8.29 structures that are ten feet or more in length and on town road 8.30 culverts that replace existing town road bridges. In addition, 8.31 if the present bridge structure is less than ten feet in length 8.32 but a hydrological survey indicates that the replacement bridge 8.33 structure or culvert must be ten feet or more in length, then 8.34 the bridge or culvert is eligible for replacement funds. 8.35 (b) In addition, if a culvert that replaces a deficient 8.36 bridge is in a county comprehensive water plan approved by the 9.1 board of water and soil resources and the department of natural 9.2 resources, the costs of the culvert and roadway grading other 9.3 than surfacing are eligible for replacement funds up to the cost 9.4 of constructing a replacement bridge. 9.5 (c) The expenditures onbridge structures and culverts may9.6be on a matching basis, and if on a matching basis, not more9.7than 90 percent of the cost ofa bridge structure or culvert may 9.8 be paid from the county turnback account.and may be for 100 9.9 percent of the cost of the replacement structure or culvert or 9.10 for 100 percent of the cost of rehabilitating the existing 9.11 structure. 9.12 (d) The town bridge account may be used to pay the costs to 9.13 abandon an existing bridge that is deficient and in need of 9.14 replacement, but where no replacement will be made. It may also 9.15 be used to pay the costs to construct a road or street to 9.16 facilitate the abandonment of an existing bridge determined by 9.17 the commissioner to be deficient, if the commissioner determines 9.18 that construction of the road or street is more cost efficient 9.19 than replacing the existing bridge. 9.20 (e) When bridge approach construction work exceeds $10,000 9.21 in costs, or when the county engineer determines that the cost 9.22 of the replacement culverts alone will not exceed $20,000, the 9.23 town shall be eligible for financial assistance from the town 9.24 bridge account. Financial assistance shall be requested by 9.25 resolution of the county board and shall be limited to: 9.26 (1) 100 percent of the cost of the bridge approach work 9.27 that is in excess of $10,000; or 9.28 (2) 100 percent of the cost of the replacement culverts 9.29 when the cost does not exceed $20,000 and the town board agrees 9.30 to be responsible for all the other costs, which may include 9.31 costs for structural removal, installation, and permitting. The 9.32 replacement structure design and costs shall be approved and 9.33 certified by the county engineer, but need not be subsequently 9.34 approved by the department of transportation. 9.35An amount equal to 47.5 percent of the county turnback9.36account must be set aside as a town road account and(f) Money 10.1 in the town road account must be distributed as provided in 10.2 section 162.081. 10.3 Sec. 12. Minnesota Statutes 1996, section 161.115, 10.4 subdivision 38, is amended to read: 10.5 Subd. 38. [ROUTE NO. 107.] Beginning at the terminus of 10.6 Route No. 10 on the westerly limits on the city of Minneapolis, 10.7 thence extending in an easterly direction to a pointon Route10.8No. 104 as herein establishedat or near Washington Avenue in 10.9 the city of Minneapolis. 10.10 Sec. 13. Minnesota Statutes 1996, section 161.115, 10.11 subdivision 87, is amended to read: 10.12 Subd. 87. [ROUTE NO. 156.] Beginning at a point on Route 10.13 No.394105 in the city of Minneapolis and extending in a 10.14 northerly and westerly direction to a point on Route No. 62 10.15easterly of the Great Northern Railwayat or near the city of 10.16 Coon Rapids. 10.17 Sec. 14. Minnesota Statutes 1996, section 161.44, 10.18 subdivision 1, is amended to read: 10.19 Subdivision 1. [CONVEYANCE.] The commissioner may convey 10.20 and quitclaim any lands, including any improvements thereon, 10.21 owned in fee by the state for trunk highway purposes but no 10.22 longer needed therefor. Notwithstanding any provisions in this 10.23 section or in section 161.23 to the contrary, fee title to or an 10.24 easement in all or part of the lands and lands previously 10.25 acquired in fee for trunk highways or acquired pursuant to 10.26 section 161.23, in excess of what is needed for highway purposes 10.27 may be conveyed and quitclaimed for public purposes to the 10.28 government of the United States and any agency or department of 10.29 the federal government or to any political subdivision or agency 10.30 of the state upon the terms and conditions as may be agreed upon 10.31 between the commissioner and the United States or between the 10.32 commissioner and the political subdivision or agency of the 10.33 state. 10.34 Sec. 15. Minnesota Statutes 1996, section 162.081, 10.35 subdivision 1, is amended to read: 10.36 Subdivision 1. [ACCOUNT CREATED.] A town road account is 11.1 created in the county state-aid highway fund, consisting of the11.2amounts transferred from the county turnback account as provided11.3in section 161.082. 11.4 Sec. 16. Minnesota Statutes 1996, section 165.03, is 11.5 amended to read: 11.6 165.03 [STRENGTH OF BRIDGES; INSPECTIONS.] 11.7 Subdivision 1. [STANDARDS GENERALLY.] Each bridge, 11.8 including a privately owned bridge, must conform to the 11.9 strength, width, clearance, and safety standards imposed by the 11.10 commissioner for the connecting highway or street. This 11.11 subdivision applies to a bridge that is constructed after August 11.12 1, 1989, on any public highway or street. The bridge must have 11.13 sufficient strength to support with safety the maximum vehicle 11.14 weights allowed under section 169.825 and must have the minimum 11.15 width specified in section 165.04, subdivision 3. 11.16 Subd. 2. [INSPECTION AND INVENTORY RESPONSIBILITIES; 11.17 RULES; FORMS.] The commissioner of transportation shall adopt 11.18 official inventory and bridge inspection report forms for use in 11.19 making bridge inspections by the owners or highway authorities 11.20 specified by this subdivision. Bridge inspections shall be made 11.21 at regular intervals, not to exceed two years, by the following 11.22officialsowner or official: 11.23 (a) The commissioner of transportation for all bridges 11.24 located wholly or partially within or over the right-of-way of a 11.25 state trunk highway. 11.26 (b) The county highway engineer for all bridges located 11.27 wholly or partially within or over the right-of-way of any 11.28 county or township road, or any street within a municipality 11.29 which does not have a city engineer regularly employed. 11.30 (c) The city engineer for all bridges located wholly or 11.31 partially within or over the right-of-way of any street located 11.32 within or along municipal limits. 11.33 (d) The commissioner of transportation in case of a toll 11.34 bridge that is used by the general public and that is not 11.35 inspected and certified under subdivision 6; provided, that the 11.36 commissioner of transportation may assess the owner for the 12.1 costs of such inspection. 12.2 (e) The owner of a bridge over a public highway or street 12.3 or that carries a roadway designated for public use by a public 12.4 authority, if not required to be inventoried and inspected under 12.5 paragraph (a), (b), (c), or (d). 12.6 The commissioner of transportation shall prescribe the 12.7 standards for bridge inspection and inventory by rules. The 12.8specifiedowner or highwayauthoritiesauthority shall inspect 12.9 and inventory in accordance with these standards and furnish the 12.10 commissioner with such data as may be necessary to maintain a 12.11 central inventory. 12.12 Subd. 3. [COUNTY INVENTORY AND INSPECTION RECORDS AND 12.13 REPORTS.] The county engineer shall maintain a complete 12.14 inventory record of all bridges as set forth in subdivision 2, 12.15 paragraph (b), with the inspection reports thereof, and shall 12.16 certify annually to the commissioner, as prescribed by the 12.17 commissioner, that inspections have been made at regular 12.18 intervals not to exceed two years. A report of the inspections 12.19 shall be filed annually, on or before February 15 of each year, 12.20 with the county auditor ortownshiptown clerk, or the governing 12.21 body of the municipality. The report shall contain 12.22 recommendations for the correction of, or legal posting of load 12.23 limits on any bridge or structure that is found to be 12.24 understrength or unsafe. 12.25 Subd. 4. [MUNICIPAL INVENTORY AND INSPECTION RECORDS AND 12.26 REPORTS.] The city engineer shall maintain a complete inventory 12.27 record of all bridges as set forth in subdivision 2, 12.28 paragraph (c), with the inspection reports thereof, and shall 12.29 certify annually to the commissioner, as prescribed by the 12.30 commissioner, that inspections have been made at regular 12.31 intervals not to exceed two years. A report of the inspections 12.32 shall be filed annually, on or before February 15 of each year, 12.33 with the governing body of the municipality. The report shall 12.34 contain recommendations for the correction of, or legal posting 12.35 of load limits on any bridge or structure that is found to be 12.36 understrength or unsafe. 13.1 Subd. 5. [AGREEMENTS.] Agreements may be made among the 13.2 various units of governments, or between governmental units and 13.3 qualified engineering personnel to carry out the 13.4 responsibilities for the bridge inspections and reports, as 13.5 established by subdivision 2. 13.6 Subd. 6. [TOLLOTHER BRIDGES.] The owner of a toll bridge 13.7 and the owner of a bridge described in subdivision 2, paragraph 13.8 (e), shall certify to the commissioner, as prescribed by the 13.9 commissioner, that inspections of the bridge have been made at 13.10 regular intervals not to exceed two years. The certification 13.11 shall be accompanied by a report of the inspection. The report 13.12 shall contain recommendations for the correction of or legal 13.13 posting of load limitations if the bridge is found to be 13.14 understrength or unsafe. 13.15 Subd. 7. [DEPARTMENT OF NATURAL RESOURCES BRIDGES.] (a) 13.16 Notwithstanding subdivision 2, the commissioners of 13.17 transportation and natural resources shall negotiate a 13.18 memorandum of understanding that governs the inspection of 13.19 bridges owned, operated, or maintained by the commissioner of 13.20 natural resources. 13.21 (b) The memorandum of understanding must provide for: 13.22 (1) the inspection and inventory of bridges subject to 13.23 federal law or regulations; 13.24 (2) the frequency of inspection of bridges described in 13.25 paragraph (a); and 13.26 (3) who may perform inspections required under the 13.27 memorandum of understanding. 13.28 Sec. 17. Minnesota Statutes 1996, section 169.26, 13.29 subdivision 1, is amended to read: 13.30 Subdivision 1. [REQUIREMENTS.] (a) When any person driving 13.31 a vehicle approaches a railroad grade crossing under any of the 13.32 circumstances stated in this paragraph, the driver shall stop 13.33 the vehicle not less than ten feet from the nearest railroad 13.34 track and shall not proceed until safe to do so. These 13.35 requirements apply when: 13.36 (1) a clearly visible electric or mechanical signal device 14.1 warns of the immediate approach of a railroad train; or 14.2 (2)a crossing gate is lowered warning of the immediate14.3approach or passage of a railroad train; or14.4(3)an approaching railroad train is plainly visible and is 14.5 in hazardous proximity. 14.6 (b) The fact that a moving train approaching a railroad 14.7 grade crossing is visible from the crossing is prima facie 14.8 evidence that it is not safe to proceed. 14.9 (c) The driver of a vehicle shall stop and remain stopped 14.10 and not traverse the grade crossing when a human flagger signals 14.11 the approach or passage of a train or when a crossing gate is 14.12 lowered warning of the immediate approach or passage of a 14.13 railroad train. No person may drive a vehicle past a flagger at 14.14 a railroad crossing until the flagger signals that the way is 14.15 clear to proceed or drive a vehicle past a lowered crossing gate. 14.16 Sec. 18. Minnesota Statutes 1996, section 174.03, 14.17 subdivision 1a, is amended to read: 14.18 Subd. 1a. [REVISION OF STATE TRANSPORTATION PLAN.] The 14.19 commissioner shall revise the state transportation plan by 14.20 January 1, 1996, andby January 1 of each odd-numbered yearat 14.21 least every six years thereafter. Before final adoption of a 14.22 revised plan, the commissioner shallhold a hearing toreceive 14.23 public comment on the plan. The revised state transportation 14.24 plan must: 14.25 (1) incorporate the goals of the state transportation 14.26 system in section 174.01; and 14.27 (2) establish objectives, policies, and strategies for 14.28 achieving those goals. 14.29 Sec. 19. Minnesota Statutes 1996, section 174.03, 14.30 subdivision 2, is amended to read: 14.31 Subd. 2. [IMPLEMENTATION OF PLAN.] After the adoption and 14.32 each revision of the statewide transportation plan, the 14.33 commissionerand the transportation regulation boardshall take 14.34 no action inconsistent with the revised plan. 14.35 Sec. 20. Minnesota Statutes 1996, section 174A.06, is 14.36 amended to read: 15.1 174A.06 [CONTINUATION OF RULES.] 15.2 Orders and directivesheretoforein force, issued, or 15.3 promulgatedby the public service commission, public utilities15.4commission, or the department of transportationunder authority 15.5 of chapters 174A, 216A, 218, 219,and221, and 222 remain and 15.6 continue in force and effect until repealed, modified, or 15.7 superseded by duly authorized orders or directives of 15.8 the commissioner of transportationregulation board. To the 15.9 extent allowed under federal law or regulation, rules adoptedby15.10the public service commission, public utilities commission or15.11the department of transportationunder authority of the 15.12 following sections are transferred to the commissioner of 15.13 transportationregulation boardand continue in force and effect 15.14 until repealed, modified, or superseded by duly authorized rules 15.15 of thetransportation regulation boardcommissioner: 15.16 (1) section 218.041 except rules related to the form and 15.17 manner of filing railroad rates, railroad accounting rules, and 15.18 safety rules; 15.19 (2) section 219.40; 15.20 (3) rules relating to rates or tariffs, or the granting, 15.21 limiting, or modifying of permits or certificates of convenience 15.22 and necessity under section 221.031, subdivision 1; 15.23 (4) rules relating to the sale, assignment, pledge, or 15.24 other transfer of a stock interest in a corporation holding 15.25 authority to operate as a permit carrier as prescribed in 15.26 section 221.151, subdivision 1, or a local cartage carrier under 15.27 section 221.296, subdivision 8; 15.28 (5) rules relating to rates, charges, and practices under 15.29 section 221.161, subdivision 4; and 15.30 (6) rules relating to rates, tariffs, or the granting, 15.31 limiting, or modifying of permits under sections 221.121, 15.32 221.151, and 221.296 or certificates of convenience and 15.33 necessity under section 221.071. 15.34 Theboardcommissioner shall review the transferred rules, 15.35 orders, and directives and, when appropriate, develop and adopt 15.36 new rules, orders, or directiveswithin 18 months of July 1,16.11985. 16.2 Sec. 21. Minnesota Statutes 1996, section 221.025, is 16.3 amended to read: 16.4 221.025 [EXEMPTIONS.] 16.5 The provisions of this chapter requiring a certificate or 16.6 permit to operate as a motor carrier do not apply to the 16.7 intrastate transportation described below: 16.8 (a) the transportation of students to or from school or 16.9 school activities in a school bus inspected and certified under 16.10 section 169.451 and the transportation of children or parents to 16.11 or from a Head Start facility or Head Start activity in a Head 16.12 Start bus inspected and certified under section 169.451; 16.13 (b) the transportation of solid waste, as defined in 16.14 section 116.06, subdivision 22, including recyclable materials 16.15 and waste tires, except that the term "hazardous waste" has the 16.16 meaning given it in section 221.011, subdivision 31; 16.17 (c) a commuter van as defined in section 221.011, 16.18 subdivision 27; 16.19 (d) authorized emergency vehicles as defined in section 16.20 169.01, subdivision 5, including ambulances; and tow trucks 16.21 equipped with proper and legal warning devices when picking up 16.22 and transporting (1) disabled or wrecked motor vehicles or (2) 16.23 vehicles towed or transported under a towing order issued by a 16.24 public employee authorized to issue a towing order; 16.25 (e) the transportation of grain samples under conditions 16.26 prescribed by the board; 16.27 (f) the delivery of agricultural lime; 16.28 (g) the transportation of dirt and sod within an area 16.29 having a 50-mile radius from the home post office of the person 16.30 performing the transportation; 16.31 (h) the transportation of sand, gravel, bituminous asphalt 16.32 mix, concrete ready mix, concrete blocks or tile and the mortar 16.33 mix to be used with the concrete blocks or tile, or crushed rock 16.34 to or from the point of loading or a place of gathering within 16.35 an area having a 50-mile radius from that person's home post 16.36 office or a 50-mile radius from the site of construction or 17.1 maintenance of public roads and streets; 17.2 (i) the transportation of pulpwood, cordwood, mining 17.3 timber, poles, posts, decorator evergreens, wood chips, sawdust, 17.4 shavings, and bark from the place where the products are 17.5 produced to the point where they are to be used or shipped; 17.6 (j) the transportation of fresh vegetables from farms to 17.7 canneries or viner stations, from viner stations to canneries, 17.8 or from canneries to canneries during the harvesting, canning, 17.9 or packing season, or transporting sugar beets, wild rice, or 17.10 rutabagas from the field of production to the first place of 17.11 delivery or unloading, including a processing plant, warehouse, 17.12 or railroad siding; 17.13 (k) the transportation of property or freight, other than 17.14 household goods and petroleum products in bulk, entirely within 17.15 the corporate limits of a city or between contiguous cities 17.16 except as provided in section 221.296; 17.17 (l) the transportation of unprocessed dairy products in 17.18 bulk within an area having a 100-mile radius from the home post 17.19 office of the person providing the transportation; 17.20 (m) the transportation of agricultural, horticultural, 17.21 dairy, livestock, or other farm products within an area having a 17.2225-mile100-mile radius from the person's home post office and 17.23 the carrier may transport other commodities within the25-mile17.24 100-mile radius if the destination of each haul is a farm; 17.25 (n) passenger transportation service that is not charter 17.26 service and that is under contract to and with operating 17.27 assistance from the department or the metropolitan council; 17.28 (o) the transportation of newspapers, as defined in section 17.29 331A.01, subdivision 5, telephone books, handbills, circulars, 17.30 or pamphlets in a vehicle with a gross vehicle weight of 10,000 17.31 pounds or less; and 17.32 (p) transportation of potatoes from the field of 17.33 production, or a storage site owned or otherwise controlled by 17.34 the producer, to the first place of processing. 17.35 The exemptions provided in this section apply to a person 17.36 only while the person is exclusively engaged in exempt 18.1 transportation. 18.2 Sec. 22. Minnesota Statutes 1996, section 221.0314, 18.3 subdivision 9a, is amended to read: 18.4 Subd. 9a. [HOURS OF SERVICE EXEMPTION.] The federal 18.5 regulations incorporated in subdivision 9 for maximum driving 18.6 and on-duty time do not apply to drivers engaged in the 18.7 interstate or intrastate transportation of: 18.8 (1) agricultural commodities or farm supplies for 18.9 agricultural purposes in Minnesota during the planting and 18.10 harvesting seasons from March 15 to December 15 of each year; or 18.11 (2) sugar beets during the harvesting season for sugar 18.12 beets from September 1 to March 15 of each year 18.13 if the transportation is limited to an area within a 18.14 100-air-mile radius from the source of the commodities or the 18.15 distribution point for the farm supplies. 18.16 Sec. 23. Minnesota Statutes 1996, section 221.034, 18.17 subdivision 1, is amended to read: 18.18 Subdivision 1. [NOTICE REQUIRED.] At the earliest 18.19 practicable moment, each person who transports hazardous 18.20 materials, including hazardous wastes, shall give notice in 18.21 accordance with subdivision 2 after each incident that occurs 18.22 during the course of transportation including loading, 18.23 unloading, and temporary storage, in which as a direct result of 18.24 hazardous materials: 18.25 (1) a person is killed; 18.26 (2) a person receives injuries requiring hospitalization; 18.27 (3) estimated carrier or other property damage exceeds 18.28 $50,000; 18.29 (4) an evacuation of the general public occurs lasting one 18.30 or more hours; 18.31 (5) one or more major transportation arteries or facilities 18.32 are closed or shut down for one hour or more; 18.33 (6) the operational flight pattern or routine of an 18.34 aircraft is altered; 18.35 (7) fire, breakage, spillage, or suspected radioactive 18.36 contamination occurs involving shipment of radioactive material; 19.1 (8) fire, breakage, spillage, or suspected contamination 19.2 occurs involving shipment of etiologic agents;or19.3 (9) a situation exists of such a nature that, in the 19.4 judgment of the carrier, it should be reported in accordance 19.5 with subdivision 2 even though it does not meet the criteria of 19.6 clause (1), (2), or (3), but a continuing danger to life exists 19.7 at the scene of the incident; or 19.8 (10) there has been a release of a marine pollutant in a 19.9 quantity exceeding 450 liters (119 gallons) for liquids or 450 19.10 kilograms (882 pounds) for solids. 19.11 Sec. 24. Minnesota Statutes 1996, section 221.034, 19.12 subdivision 5, is amended to read: 19.13 Subd. 5. [DISCHARGES NOT APPLICABLE.] Except as provided 19.14 in subdivision 6, the requirements of subdivision 3 do not apply 19.15 to incidents involving the unintentional release of hazardous 19.16 materials being transported under the following proper shipping 19.17 names: 19.18 (1) consumer commodity; 19.19 (2) battery, electric storage, wet, filled with acid or 19.20 alkali; 19.21 (3) paint, enamel, lacquer, stain, shellac or varnish 19.22 aluminum, bronze, gold, wood filler, and liquid or lacquer base 19.23 liquid when shipped in packagings of five gallons or less; or 19.24 (4) materials prepared and transported as a limited 19.25 quantity according to Code of Federal Regulations, title 49, 19.26 subchapter C. 19.27 Sec. 25. Minnesota Statutes 1996, section 222.63, 19.28 subdivision 4, is amended to read: 19.29 Subd. 4. [DISPOSITION PERMITTED.] (a) The commissioner may 19.30 lease any rail line or right-of-way held in the state rail bank 19.31 or enter into an agreement with any person for the operation of 19.32 any rail line or right-of-way for any of the purposes set forth 19.33 in subdivision 2 in accordance with a fee schedule to be 19.34 developed by the commissioner. 19.35 (b) The commissioner may convey any rail line or 19.36 right-of-way, for consideration or for no consideration and upon 20.1 other terms as the commissioner may determine to be in the 20.2 public interest, to any other state agency or to agovernmental20.3 political subdivision of the state having power by law to 20.4 utilize it for any of the purposes set forth in subdivision 2. 20.5 (c) The commissioner may convey a portion of previously 20.6 acquired rail bank right-of-way to a state agency or political 20.7 subdivision when the commissioner determines that: 20.8 (1) the conveyance will not reduce the rail bank corridor 20.9 to less than 50 feet; 20.10 (2) the portion to be conveyed is in excess of that needed 20.11 for the purposes stated in subdivision 2; 20.12 (3) the conveyance is upon terms and conditions agreed upon 20.13 by both the commissioner and the state agency or political 20.14 subdivision; and 20.15 (4) after the sale, the rail bank corridor will continue to 20.16 meet the future trail and public and commercial transportation 20.17 and transmission needs of the state. 20.18 Proceeds from a sale shall be deposited in the rail bank 20.19 maintenance account described in subdivision 8. 20.20 Sec. 26. Minnesota Statutes 1996, section 270.077, is 20.21 amended to read: 20.22 270.077 [TAXES CREDITED TO STATE AIRPORTS FUNDCREATED.] 20.23There is hereby created in the state treasury a fund to be20.24known as the state airports fund to which shall be credited the20.25proceeds ofAll taxes levied under sections 270.071 to 270.079 20.26and all other moneys which may be deposited to the credit20.27thereof pursuant to any other provision of law. All moneys in20.28the state airports fund are hereby appropriated to the20.29commissioner of transportation for the purpose of acquiring,20.30constructing, improving, maintaining, and operating airports and20.31other air navigation facilities for the state, and to assist20.32municipalities within the state in the acquisition,20.33construction, improvement, and maintenance of airports and other20.34air navigation facilitiesmust be credited to the state airports 20.35 fund created in section 360.017. 20.36 Sec. 27. Minnesota Statutes 1996, section 360.024, is 21.1 amended to read: 21.2 360.024 [AIR TRANSPORTATIONSERVICES, COST REIMBURSEMENT21.3 SERVICE CHARGES.] 21.4 The commissioner shall charge users of air transportation 21.5 services provided by the commissioner foralldirect operating 21.6 costs,including salaries and acquisition ofexcluding pilot 21.7 salary and aircraft acquisition costs. All receipts for these 21.8 services shall be deposited in the air transportation services 21.9 account in the state airports fund and are appropriated to the 21.10 commissioner to payallthese direct air service operating costs 21.11, including salaries.Receipts to cover the cost of acquisition21.12of aircraft must be transferred and credited to the account or21.13fund whose assets were used for the acquisition.21.14 Sec. 28. Minnesota Statutes 1996, section 574.26, 21.15 subdivision 1a, is amended to read: 21.16 Subd. 1a. [EXEMPTION;EXEMPTIONS: CERTAIN MANUFACTURERS; 21.17 COMMISSIONER OF TRANSPORTATION.] (a) Sections 574.26 to 574.32 21.18 do not apply to a manufacturer of public transit buses that 21.19 manufactures at least 100 public transit buses in a calendar 21.20 year. For purposes of this section, "public transit bus" means 21.21 a motor vehicle designed to transport people, with a design 21.22 capacity for carrying more than 40 passengers, including the 21.23 driver. The term "public transit bus" does not include a school 21.24 bus, as defined in section 169.01, subdivision 6. 21.25 (b) At the discretion of the commissioner of 21.26 transportation, sections 574.26 to 574.32 do not apply to any 21.27 projects of the department of transportation (1) costing less 21.28 than $75,000, or (2) involving the permanent or semipermanent 21.29 installation of heavy machinery, fixtures, or other capital 21.30 equipment to be used primarily for maintenance or repair. 21.31 Sec. 29. [SALE OF TAX-FORFEITED LAND; HENNEPIN COUNTY.] 21.32 (a) Notwithstanding Minnesota Statutes, sections 92.45 and 21.33 282.018, subdivision 1, Hennepin county may sell to the 21.34 Minnesota department of transportation the tax-forfeited land 21.35 bordering public water that is described in paragraph (c). 21.36 (b) The conveyance must be in the form approved by the 22.1 attorney general. 22.2 (c) The land that may be conveyed is located in the city of 22.3 Champlin, Hennepin county and is described as: That part of Lot 22.4 11, Block 5, Auditor's Subdivision No. 15, according to the plat 22.5 thereof on file and of record in the office of the County 22.6 Recorder in and for Hennepin County, Minnesota, lying south of a 22.7 line run parallel with and distant 43 feet north of the south 22.8 line of Government Lot 3, Section 19, Township 120 North, Range 22.9 21 West and lying east of a line run parallel with and distant 22.10 36.5 feet east of the west line of said Government Lot 3; 22.11 together with all right of access, being the right of 22.12 ingress to and egress from said Lot 11 to U.S. Highway No. 169 22.13 and Hayden Lake Road. 22.14 Subject to permanent easement for sanitary sewers granted 22.15 to the metropolitan council on March 2, 1995, by the Hennepin 22.16 county auditor. Subject to easements of record. 22.17 Sec. 30. [REPEALER.] 22.18 (a) Minnesota Statutes 1996, section 161.115, subdivision 22.19 57, which describes legislative route No. 126, is repealed. 22.20 (b) Minnesota Statutes 1996, section 161.115, subdivision 22.21 219, is repealed when the transfer of jurisdiction of 22.22 legislative route No. 288 is agreed to by the commissioner of 22.23 transportation and the Anoka county board and a copy of the 22.24 agreement, signed by the commissioner and the chair of the Anoka 22.25 county board is filed in the office of the commissioner. 22.26 Sec. 31. [INSTRUCTION TO THE REVISOR.] 22.27 (a) The revisor of statutes shall delete the route 22.28 identified in section 28, paragraph (b), in the next publication 22.29 of Minnesota Statutes unless the commissioner of transportation 22.30 informs the revisor that the conditions required to transfer the 22.31 route were not satisfied. 22.32 (b) The revisor of statutes is directed to change the terms 22.33 "transportation regulation board," "board," "board's," "board or 22.34 commissioner," "commissioner or board," "board or the 22.35 commissioner," "commissioner or the board," "commissioner and 22.36 the board," "commissioner and board," "board and the 23.1 commissioner," "board and commissioner," "department and board," 23.2 "board or department," and "board and the department," when 23.3 referring to the transportation regulation board, to the term 23.4 "commissioner," "commissioner's," or "commissioner of 23.5 transportation," as appropriate, wherever those terms appear in 23.6 Minnesota Statutes, chapters 218, 219, and 222. 23.7 Sec. 32. [DESCRIPTION OF ROUTE NO. 156 CHANGED; EFFECTIVE 23.8 DATE.] 23.9 Section 13 is effective when the transfer of jurisdiction 23.10 of a portion of route No. 156 is agreed to by the commissioner 23.11 of transportation and Hennepin county and a copy of the 23.12 agreement, signed by the commissioner and the chair of the 23.13 Hennepin county board, has been filed in the office of the 23.14 commissioner. 23.15 Sec. 33. [TRANSFER OF LAND IN HENNEPIN COUNTY.] 23.16 (a) The metropolitan airports commission shall, for $1 and 23.17 other consideration, convey all its right, title, and interest 23.18 in the land described in paragraph (c) to the state of Minnesota 23.19 acting through its commissioner of transportation. 23.20 (b) The conveyance must be in a form approved by the 23.21 attorney general. 23.22 (c) The land to be conveyed is located in Hennepin county 23.23 and is described as: 23.24 All of Lots 1 through 7 and 17 through 23, Block 2, NEW 23.25 FORD TOWN, according to the recorded plot thereof, together with 23.26 those parts of Blocks 3, 9, 10, 16, and 17 of said plot lying 23.27 westerly of line "A" described below. Also those parts of 19th 23.28 Avenue, 64th Street, and 65th Street lying within the above 23.29 described parcel. 23.30 Line "A" 23.31 Commencing at the Northwest corner of Section 25, Township 23.32 28 North, Range 24, west of the Fifth Principal meridian: 23.33 thence 86 degrees 48 minutes 50 seconds, assumed azimuth, 23.34 along the north line of the northwest quarter of said 23.35 section 25, a distance of 138.175 meters (453.33') to the 23.36 point of beginning of the line to be described: thence on 24.1 an azimuth of 169 degrees 25 minutes 51 seconds to the 24.2 south line of the northwest quarter of said section 25, 24.3 said line there terminating. 24.4 Sec. 34. [EFFECTIVE DATE.] 24.5 Sections 1, 6, 7, and 33 are effective the day following 24.6 final enactment. Sections 4, 27, and 28 are effective July 1, 24.7 1998. Sections 8 to 10 and 15 are effective July 1, 1999. 24.8 Section 11 is effective July 1, 1998, except for paragraphs (a), 24.9 (b), (e), and (f), which are effective July 1, 1999.